REFUGEE PROBLEM IN FRANCE A NOTE SENT BY SECRETARY OF
STATE CORDELL HULL TO GASTON HENRY-HAYE, FRENCH
AMBASSADOR

January 9, 1941 [1]

The following note has been sent by the Secretary of
State to the Ambassador of the French Republic, Gaston
Henry-Haye:

The Secretary of State presents his compliments to His
Excellency the Ambassador of the French Republic and has the
honor to acknowledge the receipt of his note of November 25,
1940 requesting the assistance of the Government of the
United States of America in the solution of the problem of
refugees, primarily those of German origin, now in unoccupied
France.

1. The view of the French Government is noted that the
recent migration to French unoccupied territory of thousands
of refugees of German nationality and the Jewish religion has
seriously aggravated the difficulties of the French
Government. The French Government, in consequence, is obliged
to care for and feed these persons in addition to the many
hundreds of thousands of refugees of other nationalities who
have sought asylum on the territory of France.

2. It is noted, however, that, in the opinion of the
French Government, the refugee problem can be solved only
through a more equitable distribution of refugees,
particularly those of the Jewish religion, among the
"different countries." Based on the information
furnished to the Intergovernmental Committee on Political
Refugees, the countries of the American Hemisphere must be
prepared to make a material contribution in this sense.

3. Finally it is noted that His Excellency the French
Ambassador expresses the hope that, in view of the fact that
it is not possible to hold a meeting of the Intergovernmental
Committee in the present circumstances, this Government will
be prepared to study with the French Government the ways and
means of organizing immigration to the American Hemisphere of
foreign nationals now on French territory, particularly Jews.
It is hoped that this Government through the Pan American
Union or otherwise will approach the other American
Governments with a view to enlisting their support of this
project.

4. It is stated in conclusion that the French Government
has refrained for the present from making a direct approach
to the other American Governments.

5. While this Government appreciates the serious
predicament in which the French Government finds itself as a
consequence of the forced migration in mass of German
nationals to French territory and while it is disposed to
assist in solving the refugee problem to the full extent of
the existing laws and practices of this country it believes
that, in order that there may be no misunderstanding of its
position, it is desirable to reiterate on this occasion the
basic principles underlying President Roosevelt's invitation
of March 1938 to the American Governments and others to
consult on ways and means of relieving the pressure brought
to bear on all countries by the chaotic unregulated migration
from Germany and the countries under its control of German
citizens who for political, racial or religious reasons were
regarded by the German Government as undesirable. The basic
principles enunciated at that time and which were accepted as
fundamental by the Intergovernmental Committee throughout its
sessions and are controlling in the relations in respect to
migration between this Government and the other American
Governments are (a) that no distinctions shall be made
between refugees on grounds of race, nationality or religion;
(b) that no country shall be asked or expected to receive a
greater number of immigrants than is permitted by prevailing
practices and existing laws.

6. In other words the fundamental principles on which
action looking to the orderly migration of numbers of people
to the Western Hemisphere have been and continue to be
founded are (a) equality of treatment in the resettlement of
refugees from Europe of all races, nationalities and creeds;
(b) full respect for the sovereign rights of the immigration
states in regulating migration currents according to their
individual interests and in strict accordance with their
respective laws.

7. At no time in its deliberations has the
Intergovernmental Committee admitted the possibility that a
distinction can be drawn between one and another category of
refugees.

8. It has been recognized throughout the
intergovernmental discussions that the right of determining
the type and extent of immigration into a given country
cannot be delegated to any outside authority. Moreover, it
has been made plain repeatedly that this Government would not
wish to suggest or be party to any international action which
might be interpreted as placing pressure on any Government or
Governments to take action in the field of migration contrary
to or irreconcilable with their practices and laws.

9. Subject to these considerations and the added fact
that the laws of the United States regarding immigration are
quite explicit and do not permit of any further
liberalization this Government is prepared to make and is
making every consistent effort to contribute effectively to
relieve the pressure caused by the over-concentration of
refugees in certain countries, including France. A maximum
number of persons who can fulfill the requirements is being
received in this country under the present quotas established
by American law and in addition very many persons are being
admitted permanently to the territory of the Philippine
Commonwealth and temporarily to American territory as
visitors or in transit to other countries.

10. It is noted in this connection that many persons who
have fulfilled the requirements for admission to the United
States and have received visas have not been able to leave
French territory owing to the fact that the French Government
has been unwilling or has failed to grant the required exit
permits with the consequence that these persons have not been
able to proceed to the United States and remain on French
territory where they must be cared for and fed.

11. It is the impression of this Government, moreover,
that the other American Governments are likewise receiving
persons in substantial numbers who can qualify for admission
to their respective territories under their laws and
practices and that persons qualifying for admission to these
other American countries have, too, encountered difficulties
in receiving exit permits from the French Government and, as
a consequence, remain to be cared for and fed on French
territory.

Finally, reference should be made to the fact that in
addition to the persons who are being received in various
American countries by infiltration, settlers who can fulfill
certain specified requirements are being admitted in
increasing numbers to the settlement established upon the
invitation of the Dominican Government, under the aegis of
the Intergovernmental Committee and at the direction of an
American association at Sosua, in the Dominican Republic.
These persons who are carefully selected in Europe by an
agent of the Dominican Republic Settlement Association have
also in many instances failed to receive the necessary
permission of the French authorities to leave and remain to
be supported in France.

12. The basic aim of the action undertaken by this
Government through the Intergovernmental Committee and
otherwise has been to bring order out of chaos in the
migration of persons driven from their countries or countries
of origin who must be resettled elsewhere. In fulfilling this
aim the American Government has made it clear from the outset
that it could not support or be party to any measures which
would encourage the spread from points outside the Western
Hemisphere to the Western Hemisphere of forced migration in
which people in great numbers are intended to be driven
anarchically upon the receiving states with unhappy
consequences to the economic and social equilibrium of all.
To permit the spread of this condition to the Western
Hemisphere would be to impede not promote the solution of a
problem which ultimately must be settled in an orderly manner
and in calm consultation by Governments of countries where
there is said to be overpopulation, Governments of countries
of temporary reception and Governments of countries of final
settlement.

13. Accordingly, while this Government holds the view
that the time will come when such conditions of order and
peace will prevail in the world as will warrant a humane and
orderly approach to the migration problem by the Governments
collaborating in mutual confidence and mutual respect, it
does not believe that any useful purpose can be served by
discussing migration problems bilaterally with the French
Government or multilaterally with the several Governments at
this time. Present world conditions operate to cause
governments in many instances to forego the free exercise of
their authority, and the essential requirements for a
constructive solution of the fundamental problems of
migration and resettlement do not prevail.